The legislation came into force on March 1, 2016, after failing four times in parliament and vetoed by the then President of the Republic Cavaco Silva.
Around 40 homosexual couples have adopted 55 children since 2016, when legislation came into force that allowed adoption by same-sex couples, according to data from the Social Security Institute (ISS).
The legislation came into force on March 1, 2016, after failing four times in parliament and vetoed by the then President of the Republic Cavaco Silva.
According to ISS data sent to the Lusa agency, the entry into force of this law allowed 55 children to be adopted by same-sex couples in these eight years, with 32 of these adoptions taking place between 2020 and 2023.
On the other hand, between 2016 and 2023, “around 40 same-sex couples had children”, says the ISS.
“Regarding the average waiting time and the characterization of children integrated into same-sex families, no differentiation is made between same-sex and different-sex couples”, assures Social Security.
The president of the ILGA Portugal Association (Lesbian, Gay, Bisexual, Trans and Intersex Intervention) told Lusa that they have received some requests for clarification, especially about how the adoption process takes place or what forms need to be obtained from Social Security, with the association even creating a guide on the subject.
“In fact, people don’t contact us again because they can solve their problems, especially because we also talk about expectations in relation to waiting time, which is high, as happens with non-same-sex couples” , said Daniela Bento.
According to the person responsible, law enforcement has been going “relatively well”, “without any major complaints”.
“We don’t receive problems, but rather questions about how it works, how it doesn’t work, and then people go on their way. The information we have is that things have gone relatively well, and there are no complaints of discrimination,” he said.
He mentioned, however, that the association is basing non-discrimination records on people’s perception of whether or not they make a complaint, arguing that, if there is any case of discrimination, it must be known where the person or couple you can go to file a complaint.
On the other hand, he complained about the lack of statistical data and information that allows for more effective monitoring of the law and questioning of the public policies that are being applied.
The law on adoption by same-sex couples is published in the Official Gazette on February 29, 2016.
The diploma, along with the changes to the Voluntary Termination of Pregnancy (IVG) law, had been vetoed the previous month by the President of the Republic Aníbal Cavaco Silva, ending up reconfirmed by an absolute majority by the deputies of the Assembly of the Republic.
At the time, in the message he sent to parliament when he returned the decrees, Cavaco Silva argued that adoption by same-sex couples had not been preceded by a sufficiently broad public debate and considered that it was still “to demonstrate” that they were legal changes that “promote the well-being of the child.”
